Amended in Assembly April 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2314

Introduced by Assembly Member Hall

February 21, 2014

An act to amend Section 830.5 of the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 2314, as amended, Hall. Peace officers: firearms.

Existing law designates various persons as peace officers, including probation officers, parole officers, and parole agents, and provides that their authority extends to certain duties, including to the conditions of parole, probation, mandatory supervision, or postrelease community supervision of a person in the state on parole, probation, mandatory supervision, or postrelease community supervision, the escape of an inmate or ward from a state or local institution, the transportation of persons on parole, probation, or postrelease community supervision, and violations of law that are discovered while performing his or her duties. Existing law categorizes a probation officer as a peace officer who may carry firearms only if authorized by his or her employing agency, and under the terms and conditions specified by his or her employing agency.

begin delete

This bill would require the chief probation officer of each county to train and arm those probation officers and deputy probation officers who are assigned supervision of persons on probation or postrelease community supervision that are deemed high risk. The bill would require every county probation department to promulgate regulations consistent with these provisions.

end delete begin insert

This bill would authorize any probation officer or deputy probation officer to carry firearms as determined by the chief probation officer on a case-by-case or unit-by-unit basis and under terms and conditions specified by the chief probation officer. The bill would require certain chief probation officers to develop a policy as to whether probation officers and deputy probation officers who supervise high-risk caseloads should be armed. That policy would be required to be adopted no later than June 30, 2015, and would be required to be implemented no later than December 31, 2015, if the chief probation officer has not armed or has not adopted a policy regarding arming probation officers or deputy probation officers prior to January 1, 2015. The bill would define a high-risk caseload as a caseload that includes individuals who have been released from state prison subject to postrelease community supervision and have a prior conviction for a serious felony or violent felony.

end insert

By imposing new duties on counties, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 830.5 of the Penal Code is amended to
read:

830.5.  

The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance
of the duties of their respective employment and for the purpose
of carrying out the primary function of their employment or as
required under Sections 8597, 8598, and 8617 of the Government
Code, as amended by Section 44 of Chapter 1124 of the Statutes
of 2002. Except as specified in this section, these peace officers
may carry firearms only if authorized and under those terms and
conditions specified by their employing agency:

(a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and
Rehabilitation, Division of Juvenile Parole Operations, probation
officer, deputy probation officer, or a board coordinating parole
agent employed by the Juvenile Parole Board. Except as otherwise
provided in this subdivision, the authority of these parole or
probation officers shall extend only as follows:

(1) To conditions of parole, probation, mandatory supervision,
or postrelease community supervision by any person in this state
on parole, probation, mandatory supervision, or postrelease
community supervision.

(2) To the escape of any inmate or ward from a state or local
institution.

(3) To the transportation of persons on parole, probation,
mandatory supervision, or postrelease community supervision.

(4) To violations of any penal provisions of law that are
discovered while performing the usual or authorized duties of his
or her employment.

(5) (A) To the rendering of mutual aid to any other law
enforcement agency.

(B) For the purposes of this subdivision, “parole agent” shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities.

(C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and
Rehabilitation, Division of Juvenile Parole Operations, is
authorized to carry firearms, but only as determined by the director
on a case-by-case or unit-by-unit basis and only under those terms
and conditions specified by the director or chairperson. The
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, shall develop a policy for arming peace officers of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, who comprise “high-risk transportation details” or
“high-risk escape details” no later than June 30, 1995. This policy
shall be implemented no later than December 31, 1995.

(D) The Department of Corrections and Rehabilitation, Division
of Juvenile Facilities, shall train and arm those peace officers who
comprise tactical teams at each facility for use during “high-risk
escape details.”

begin delete

(E) The chief probation officer of each county shall train and
arm those probation officers and deputy probation officers who
are assigned supervision duties of persons on probation or
postrelease community supervision that are deemed “high risk.”

end delete

(b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, having custody
of wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of State Hospitals or any
employee of the Board of Parole Hearings designated by the
secretary or employee of the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, designated by the
secretary or any superintendent, supervisor, or employee having
custodial responsibilities in an institution operated by a probation
department, or any transportation officer of a probation department.

(c) The following persons may carry a firearm while not on
duty: a parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, a correctional officer
or correctional counselor employed by the Department of
Corrections and Rehabilitation, or an employee of the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
having custody of wards or any employee of the Department of
Corrections and Rehabilitation designated by the secretary. A
parole officer of the Juvenile Parole Board may carry a firearm
while not on duty only when so authorized by the chairperson of
the board and only under the terms and conditions specified by
the chairperson. Nothing in this section shall be interpreted to
require licensure pursuant to Section 25400. The director or
chairperson may deny, suspend, or revoke for good cause a
person’s right to carry a firearm under this subdivision. That person
shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, or the Juvenile
Parole Board, to review the director’s or the chairperson’s decision.

begin insert

(d) (1) A probation officer or deputy probation officer is
authorized to carry firearms, but only as determined by the chief
probation officer on a case-by-case or unit-by-unit basis and only
under those terms and conditions specified by the chief probation
officer.

end insert begin insert

(2) (A) If a chief probation officer has not armed or has not
adopted a policy regarding arming probation officers and deputy
probation officers prior to January 1, 2015, the chief probation
officer for each county shall develop a policy no later than June
30, 2015, as to whether probation officers and deputy probation
officers who supervise high-risk caseloads should be armed. This
policy shall be implemented no later than December 31, 2015.

end insert begin insert

(B) For purposes of this section, “high-risk caseload” means
a caseload that includes individuals who have been released from
state prison subject to postrelease community supervision and
have a prior conviction for a serious felony described in
subdivision (c) of Section 1192.7 or a violent felony described in
subdivision (c) of Section 667.5.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of Section
832 and shall qualify with the firearm at least quarterly. It is the
responsibility of the individual officer or designee to maintain his
or her eligibility to carry concealable firearms off duty. Failure to
maintain quarterly qualifications by an officer or designee with
any concealable firearms carried off duty shall constitute good
cause to suspend or revoke that person’s right to carry firearms
off duty.

begin delete

(e)

end delete

begin insert (f) end insert  The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person’s own time during the person’s
off-duty hours.

begin delete

(f)

end delete

begin insert (g) end insert  The secretary and every county probation department shall
promulgate regulations consistent with this section.

begin delete

(g)

end delete

begin insert (h) end insert  “High-risk transportation details” and “high-risk escape
details” as used in this section shall be determined by the secretary,
or his or her designee. The secretary, or his or her designee, shall
consider at least the following in determining “high-risk
transportation details” and “high-risk escape details”: protection
of the public, protection of officers, flight risk, and violence
potential of the wards.

begin delete

(h)

end delete

begin insert (i) end insert  “Transportation detail” as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.